Can the resignation be reversed by the employer if a female employee gets pregnant during the notice period? Esp in the case, when she was already pregnant (unknowingly) before the date of resignation. And on top, has been asked to put down the paper looking at the pandemic uncertain impact on business.
Thanks for the help and guidance.
From United States
Thanks for the help and guidance.
From United States
Dear Ankur Mehra,
A woman employee whenever she becomes pregnant is expected to give notice to her employer on her pregnancy. The notice could be in the form of a certificate from ESI doctor or certified gynaecologist. Such notice shall state the date from which she will be absent from work, not being a date earlier than six weeks from the date of her expected delivery.
Now in the case at hand, probably the woman employee submitted her letter of resignation before the disclosure of the pregnancy. Therefore, what came first has to be given primacy. By the time of her delivery or even the commencement of the maternity leave, she might have ceased to be the employee of the company. Therefore, the question of granting maternity leave does not arise.
Thanks,
Dinesh Divekar
From India, Bangalore
7855A woman employee whenever she becomes pregnant is expected to give notice to her employer on her pregnancy. The notice could be in the form of a certificate from ESI doctor or certified gynaecologist. Such notice shall state the date from which she will be absent from work, not being a date earlier than six weeks from the date of her expected delivery.
Now in the case at hand, probably the woman employee submitted her letter of resignation before the disclosure of the pregnancy. Therefore, what came first has to be given primacy. By the time of her delivery or even the commencement of the maternity leave, she might have ceased to be the employee of the company. Therefore, the question of granting maternity leave does not arise.
Thanks,
Dinesh Divekar
From India, Bangalore
Dear Ankur Mehra,
Your last statement adds the flavor of coercion by the employer to compel the employee resign her job. In such a situation, the prospective resignation i.e., resignation being effective from a future date, can be withdrawn any time before the effective date despite her serving the notice period. Of course there are judgments that after acceptance of resignation by the employer and alternative arrangement having been made to replace the vacancy, the employee cannot be permitted to withdraw his/her resignation during notice period if so prescribed in the contract of employment or service regulations..
Therefore, the employee can withdraw her resignation in view of her pregnancy known to her later.
From India, Salem
Your last statement adds the flavor of coercion by the employer to compel the employee resign her job. In such a situation, the prospective resignation i.e., resignation being effective from a future date, can be withdrawn any time before the effective date despite her serving the notice period. Of course there are judgments that after acceptance of resignation by the employer and alternative arrangement having been made to replace the vacancy, the employee cannot be permitted to withdraw his/her resignation during notice period if so prescribed in the contract of employment or service regulations..
Therefore, the employee can withdraw her resignation in view of her pregnancy known to her later.
From India, Salem
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